Terms of Service

Last updated: May 2022

The website www.btc.com.au (Website) and the mobile application (collectively referred to as the Platform) are operated and controlled by BTC.com.au Pty Ltd (ABN 52 625 367 811) (BTC.com.au, we, our or us). We provide the Services to customers (Customer, you or your), subject to these terms of service (Terms).

These Terms govern your use of the Platform, your Account (including your Crypto Wallet) and the Services and form a legally binding contract between you and us. Please read the Terms carefully. By signing up for an Account and by accessing and using the Platform, you agree that you have read, understood and accept all of the terms and conditions contained in these Terms, as well as our Privacy Policy. If you disagree with these Terms, you must not use the Services.

BTC.COM.AU SERVICES

1.
We provide a digital currency exchange service via the Platform, which involves (but is not limited to) the following services:

a. providing you with an Account, which includes the ability to hold Fiat

b. providing you with a Crypto Wallet

c. enabling you to Trade Cryptocurrency (also known as cryptotokens or digital assets) for Fiat and/or other Cryptocurrency via the Platform. (together, the Services )

2.
The Services can be accessed directly using the Platform. To access the Services, you must have the necessary equipment (such as a smartphone or tablet) and access to the Internet.

CUSTOMER ELIGIBILITY

3.
To be eligible to use the Services, you must be at least 18 years old, an Australian resident and pass our internal identification and verification checks. We reserve the right to refuse to give you an account or provide our Services to you at any time. We may also ask you for more information before agreeing to open an Account.

ACCOUNTS AND ACCESS

Registering for an Account

4.
To use our Services, you must register for an Account by providing your name, e-mail address, password, completing the mandatory account-opening questions and accepting these Terms and our Privacy Policy. We may, in our sole discretion, refuse to open an Account for you, or limit the number of Accounts that you may hold. We may do this even if you meet the eligibility requirements above. We retain the right to ask for further information or to set further requirements that may be reasonably necessary to protect our interests.
5.
You will need to activate your Account by using the one-time-password we send to you via the mobile phone number you provide to us before you can access the Services.

Verifying your identity

6.
You agree to provide us with the information we request to assist us to verify your identity and detect any money laundering, terrorist financing, fraud or other financial crime, and permit us to keep a record of such information and share it with third parties for the purpose of verifying your identity or for other purposes set out in in our Privacy Policy. You agree that you may need to complete verification procedures before you can use the Services, and your access to one or more of the Services may be suspended or terminated as a result of information we collect on an ongoing basis. In providing us with information we may require, you confirm that the information is accurate and authentic. You agree to tell us immediately if any of the information you provide changes. You authorise us to make inquiries, both directly and through third parties we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take any action we deem necessary based on the results of such inquiries. You also acknowledge that we may require you to wait an amount of time after completion of a transaction, before permitting you to use or access the Platform and/or before permitting you to engage in transactions beyond certain volume limits.

Access

7.
The Services can be accessed directly via the Platform.

Account Security

8.
You are responsible for protecting and maintaining the security of your Account details, including your Account login and password, any wallet that you direct us to transfer your Cryptocurrency to, your computer (or other computer that you use to access our Services), your bank account details and your personal data against any theft, fraud or illegal activity. You can personalise your Account security settings once your Account has been activated, including activating SMS multi-factor authentication.

DEPOSITING FUNDS INTO YOUR ACCOUNT

Depositing Fiat

9.
You may deposit Fiat into your Account by using an Authorised Payment Method. You authorise us to hold and transfer your Fiat for the provision of the Services.
10.
Deposits made via an Authorised Payment Method facilitated by a third party will be subject to the terms and conditions of that third party, including any fees charged. Deposits and withdrawals made by way of electronic funds transfer or other bank transfer are subject to your bank’s transfer terms and conditions. You acknowledge that we are also bound by the terms and conditions that apply to BTC.com.au’s bank account and third-party payment providers.
11.
Once the deposited Fiat is received by BTC.com.au, the deposited amount, less any fees, will be shown in your Account. We hold the Fiat in one or more pooled accounts with a financial institution or institutions. Each account is held in BTC.com.au’s name and under BTC.com.au’s control, (segregated and legally distinct from BTC.com.au’s business and operating accounts, established for the benefit of BTC.com.au customers, and represents a banking and not a custodial relationship with the bank at which such account is held. 
12.
You maintain a beneficial interest in the fiat amounts from that you deposit to your Account. Fait amounts that you deposit in accordance with these Terms are recorded and maintained on our internal ledger and reflected in your Account, and are not treated as general assets of BTC.com.au. For the avoidance of doubt, any interest or other earnings generated by BTC.com.au on the fiat amounts that you have deposited with BTC.com.au will be retained by BTC.com.au as fees for the Services and will not be allocated to your Account.

Withdrawing Fiat

13.
For withdrawals, we will immediately debit your Account when you authorise a withdrawal. Bank fees are netted out of transfers to or from BTC.com.au. We will not process a transfer if associated fees exceed the value of the transfer.
14.
Where applicable, you authorise BTC.com.au to initiate debits from your selected Authorised Payment Method(s) in settlement of deposit requests and to debit your Account and initiate payments to or via your selected Authorised Payment Method(s) in settlement of withdrawal requests.

Timing of Fiat transactions

15.
Transfer and clearance times for Fiat deposits and withdrawals are out of our control. You acknowledge that, although we will attempt to deliver Fiat or Cryptocurrency (as applicable) to you as promptly as possible, funds or Cryptocurrencies may be removed from your Account before corresponding amounts are received at your selected payment method (in the case of withdrawals).

DEPOSITING AND WITHDRAWING CRYPTOCURRENCY

16.
You can deposit Cryptocurrency into your Account by following the prompts via the Platform.
17.
In the case of deposits of Cryptocurrency to your Account, your deposit will typically take between one hour and one Business Day to process (depending on traffic, network disruptions, size of the transaction, the particular Cryptocurrency protocol, downtime and other factors).
18.
In the case of withdrawals of Cryptocurrency, your receipt of such Cryptocurrency will typically take between one hour and one Business Day (depending on traffic, network disruptions, downtime and other factors). Cryptocurrency deposits will generally be credited to your Account only after the requisite number of network confirmations have occurred on the blockchain for the deposited Cryptocurrency. BTC.com.au makes no guarantee regarding the timing for completing any transfer, which may depend on matters that are outside of our control.
19.
With respect to any Cryptocurrency you sell, transfer or deliver using the Services, other than the Cryptocurrency purchased via the Platform, you represent that you are the owner of such Cryptocurrency with good and marketable title thereto and you have the absolute right to sell, assign, convey, transfer and deliver such Cryptocurrency.

TRADING CRYPTOCURRENCY

20.
BTC.com.au provides an order book-based trading system for trading pairs involving the exchange of:

a. Fiat for a Cryptocurrency

b. Cryptocurrency for Fiat

c. Cryptocurrency for Cryptocurrency.

21.
The available orders resting on such order book may include unfulfilled orders on the internal order book of BTC.com.au, or on order books that are accessed by BTC.com.au through its accounts maintained with one or more other third-party exchanges or similar services (Third-Party Exchanges). Where BTC.com.au uses a Third-Party Exchange, BTC.com.au may choose not to disclose the identity of such Third-Party Exchange, unless it is required by law to do so.

Placing Instructions

22.
To Trade Cryptocurrency, you must submit an Instruction to Trade via the Platform. By submitting an Instruction, you agree to the transaction. We will process an Instruction in accordance with the information that you provide. You should verify all transaction information prior to submitting Instructions to us. Each Instruction that you give will be under an irrevocable authority, and you are solely responsible for any Instruction issued through your Account.
23.
Instructions will be executed automatically using BTC.com.au’s trade execution algorithms. When the BTC.com.au matching system identifies a matching order that is available on the order book for a given customer’s instruction, the instruction will be matched. A matched Trade will be recorded on BTC.com.au’s internal ledger and the balance of each customer’s Crypto Wallet and Account will be adjusted automatically to reflect the Trade (including to account for deductions of the fees applicable for completing the Instruction). 
24.
Instructions may be matched in whole or in part against our internal order book and/or against the order books of Third-Party Exchanges. Orders may be fulfilled in whole or in part, and may be fulfilled from multiple sources at different prices and times. Your Instruction is treated equally with all other customer instructions at the same price and will be executed according to the order in which instructions are received. Instructions matched against other unfulfilled instructions on the order books of one or more Third-Party Exchanges may not be filled, including for reasons beyond BTC.com.au’s control. BTC.com.au does not guarantee that each Instruction will be fulfilled, and is not responsible for any unfilled Instruction.
25.
Any Instruction that is not matched in whole or in part will remain on the order book until it is matched or cancelled, or otherwise expires in accordance with trading policies and procedures of the relevant Third-Party Exchange then in effect. We may impose a limited timeframe during which unmatched Instructions remain on the order book (after which time any such Instruction will expire), and may place other restrictions and time limits on trading activities from time to time and otherwise establish or modify trading policies and procedures from time to time, by posting notices and updates to such effect on the Website. You agree that you agree to any additions and modifications by logging into your Account or otherwise accessing the Platform or using the Services following notification.
26.
After you have placed an Instruction, we will update your Account to show that the Instruction has been placed and will further update your Account if the Instruction is subsequently filled (in whole or in part). You acknowledge and agree that your Instructions, and completed Trades, will be treated as authorised and correct. It is your sole responsibility to review your transaction history via your Account, and related email receipts, on a regular basis.
27.
Your Instruction may be executed in one of the following ways, in BTC.com.au’s sole discretion:

a. against BTC.com.au’s internal order book, where you purchase or sell the Cryptocurrency from or to another customer of BTC.com.au and not from BTC.com.au. If an Instruction is executed in this way, BTC.com.au is not a party, and you will the risk of transacting with that other customer, including the risk that the other party does not hold title to or otherwise have beneficial ownership of the Cryptocurrency you have purchased;

b. against BTC.com.au’s internal order book, where you purchase or sell the Cryptocurrency from or to BTC.com.au. If an instruction is executed in this way, you acknowledge that BTC.com.au may not have legal title but rather beneficial interest in the Cryptocurrency that it sells to you, and you bear the risks associated with third party custodians, including liquidity risk and title risk; or

c.against the order book of a Third-Party Exchange, where BTC.com.au is acting as your agent to purchase or sell the requested Cryptocurrency from or to a user of the Third-Party Exchange. BTC.com.au will not purchase or sell Cryptocurrency from or to you in the capacity as a principal to the Trade. Accordingly, you bear the risks associated with transacting with the Third-Party Exchange as if you were transacting directly with that Third-Party Exchange, including credit risk, market risk and liquidity risk.

28.
After you have placed an Instruction, we will update your Account to show that the Instruction has been placed and will further update your Account if the Instruction is subsequently filled (in whole or in part). You acknowledge and agree that your Instructions, and completed Trades, will be treated as authorised and correct. It is your sole responsibility to review your transaction history via your Account, and related email receipts, on a regular basis.
29.
Your transaction history and the balances in your Account and Crypto Wallet are available through the Platform.

Ownership and use of Cryptocurrency

30.
You acknowledge that the Cryptocurrency is not legally held by you. When you purchase Cryptocurrency, we allocate the relevant amount of Cryptocurrency to your Crypto Wallet by updating our internal ledger. Although you have beneficial interest in the amount of Cryptocurrency displayed in your Crypto Wallet, you do not have legal title in that Cryptocurrency.
31.
You authorise us to use the Cryptocurrency in which you have a beneficial interest or a contractual interest in our sole discretion at all times for our own purpose and acknowledge that our use of the Cryptocurrency is for our benefit only.
32.
BTC.com.au may, without further notice to you, hold Cryptocurrency in such wallets and/or with such other facilities or third parties as it considers appropriate.

Deduction of fees

33.
Fees and charges will be deducted during a Trade, therefore the Cryptocurrency and/or Fiat you receive following the completion of an Instruction will be the transaction value, less fees.

AUTHORISATIONS TO COMPETE INSTRUCTIONS AND TRADE

Appointment and authorisation

34.
You appoint and authorise us to act under your Instructions to Trade on your behalf, which may include dealing with your Cryptocurrency in our sole discretion. You authorise us to take steps that are reasonably necessary to comply with any Instruction for the provision of our Services.

Transferring Cryptocurrency

35.
You authorise us to transfer Cryptocurrency which you have a beneficial or contractual interest in, into or out of, storage, and to and from a third party. We may nominate a third party on your behalf to receive and hold title in your Cryptocurrency.

Holding and dealing with your Cryptocurrency

36.
We, or a third party, will hold the legal title to the Cryptocurrency. You will retain either a beneficial interest in the Cryptocurrency, or a contractual interest for the amount of Cryptocurrency in which you originally had a beneficial interest, at all times. You will not have direct control of the Cryptocurrency or Fiat, or any related private key(s).
37.
You acknowledge that we have no obligation to hold an amount of Cryptocurrency equivalent to the amount of Cryptocurrency allocated to your Account at any one time.

REFUSING, REVERSING OR CANCELLING TRANSACTIONS

38.
We reserve the right to refuse any Instruction for any reason and at any stage of the transaction process, if reasonably necessary to protect our legitimate business interests, including but not limited to complying with our legal obligations or otherwise managing legal risk.
39.
You agree and understand that you cannot cancel, reverse, or change any Instruction that is shown as pending or complete in your Account. We reserve the right to take any action, including to refuse to process, or to freeze, cancel or reverse, any Instruction in our sole discretion, even after funds or Cryptocurrency have been debited from or credited to your Account or Crypto Wallet for the following reasons:

a. if we suspect the transaction involves (or has a high risk of involvement in) suspicious or illegal trading activity

b. if we suspect the transaction is in violation of these Terms, including by breaching any subclause under the heading “General Terms Regarding Account”

c. if we have reason to believe there was an obvious error in any term, including but not limited to the price, amount or any other information about the Trade

d. if there was disruption or malfunction in the operation of any trading system

e. if there were extraordinary market conditions or other circumstances in which the nullification or modification of transactions may be necessary.

40.
If you have initiated payment via an Authorised Payment Method before we refuse an order, provided the transaction has not been successfully completed and provided none of the circumstances in paragraph 44 have occurred, we will refund the payment less any fees in full. You agree that we will not be liable in respect of any order cancellation.

SERVICE AVAILABILITY

41.
BTC.com.au takes reasonable steps to ensure the reliability and integrity of the Platform but does not make any representations, guarantees or warranties that:

a. there will be operational stability, availability or continuation of the services provided on the Platform

b. the Platform will be uninterrupted, secure, reliable, timely, error-free or free from any virus, malware or any other digital attack

c. the Platform will be safe from unauthorised access, fraud or any other illegal or suspicious activity

d. no third-party rights will be infringed as a result of your use of the Platform

e. there will be any continuation of the agreement formed under these Terms.

42.
You acknowledge that your use of the Platform is at your own discretion and in compliance with all applicable laws.

TRANSACTION LIMITS AND ENHANCED DUE DILIGENCE

Transaction Limits

43.
The use of the Services is subject to a limit on the amount or volume you may transact or transfer in a given period (for example, daily). We may also restrict your use of an Authorised Payment Method. To view the limits, login to your Account and visit the Platform. Your transaction limits will vary depending on your chosen Authorised Payment Method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary.
44.
We may impose such limits without notice if required to comply with our legal obligations, or if otherwise required to protect our legitimate business interests.

Enhanced Due Diligence

45.
We may require you to submit additional information about yourself or your business, including providing records (Enhanced Due Diligence). In our discretion, we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.

FEES AND PAYMENTS

Our Fees

46.
Fees payable in respect of an Instruction are set out in the Fee Schedule and may vary, including depending on the Authorised Payment Method you select, and will be displayed to you when you submit an Instruction.
47.
You acknowledge that these fees may vary from time to time.

BTC.COM.AU REFERRAL PROGRAM

48.
You may earn the Referral Commission for each new member who uses our Services that you have referred to the Platform.
49.
We will pay you the Referral Commission if:

a.you create a Referral Link via the Platform; and

b.you share your Referral Link with a person that has never been a customer of BTC.com.au (New Customer) ; and

c.the New Customer successfully opens an account with BTC.com.au using your Referral Link; and

d.the New Customer uses one or more of our Services; and

e.you have not already received a commission payment from us or a third party with whom we have an arrangement in relation to the New Customer’s use of the Services; and

f.payment of the Referral Commission does not conflict with or contravene an agreement between you and a third party, or between BTC.com.au and a third party, in relation to referral commissions associated with the Platform.

50.
We will continue to pay you the Referral Commission for the period of time that both you and the New Customer continue to be customers of BTC.com.au, or until we stop offering the Referral Program, whichever occurs first.
51.
There is no limit to the number of people that you are able to refer.
52.
The Referral Commission will be paid into your Account on the first day of each calendar month in AUD. You will be able to track the Referral Commission earned during the month via the Referral Dashboard.
53.
We may choose to end or vary the terms of the Referral Program in our sole discretion by complying with the variation provision of these Terms and do not guarantee or represent the continuation of the Referral Program. You acknowledge that the Referral Commission is not paid as consideration for your performance of any obligation or service. Rather, it is paid as a “thank you” for sharing our Platform with others.

GENERAL TERMS REGARDING ACCOUNT

Use or the Account and the Platform

54.
You will not, and you will not permit any other person to:

a. use or access your Account or the Platform in a way that infringes the intellectual property rights or other rights of any person

b. use any anonymous network or protocol to access your Account, Platform or Services, or otherwise access your Account by any means other than the interfaces we provide for doing so

c. use any method or process to consolidate or combine your Account or the Platform with any other content, data, information, images or material

d. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, formulas or processes used by the Platform

e. do anything which will or may damage, disrupt access to or interfere for any period of time with the proper operation of your Account or the Platform

f. knowingly introduce viruses, Trojans, worms, bots, logic bombs or other malicious software

g. do anything which will or may place an unreasonable load on the infrastructure of the Platform

h. post, distribute or send any ‘spamming’ material or any other form of bulk communication on or using your Account or the Platform

i. use your Account or the Platform to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of your Account or the Platform

j. impersonate any person or entity

K. use your Account or the Platform for any unlawful purpose, including (without limitation) any act or omission carried out for the purpose of money laundering or terrorism financing

l. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on, or in relation to, the Platform

m. otherwise use your Account or the Platform for any purpose that may harm our reputation.

55.
You are responsible for monitoring your account and the movements of any funds within your account to take appropriate actions in relation to deposits, withdrawals or other transactions that are incomplete, pending, have been cancelled or have lapsed, or have otherwise failed.
56.
If you become aware, or should reasonably be aware, of any request or demand made of you to engage in any conduct by which you or a third party gains unfair financial or other advantage, including but not limited to dishonest or corrupt conduct, or any conduct in breach of any anti-corruption law applicable to the Platform or Services, you must promptly report it to us via email.

Responsibility for your Instructions

57.
For the avoidance of doubt, all trades are executed automatically, based on the parameters of your Instructions, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.

Account Closure

58.
You may voluntarily close your account at any time. Closing an account will not affect any rights and obligations incurred prior to the date of account closure. You may be required to either cancel or complete all open Instructions and, in accordance with the provisions of these Terms, provide transfer instructions of where to transfer any Fait and/or Cryptocurrency then remaining in your Account and Crypto Wallet respectively.
59.
You are responsible for any fees, costs, expenses, charges, or obligations associated with closing your Account. In the event that the costs of closing your Account exceed the value in your Account, you will be responsible for reimbursing us. Closing your Account will not permanently delete your personal data, which may be required to be retained to comply with all applicable laws and regulations.
60.
Prior to terminating your Account, it is your responsibility to ensure that any of your remaining Fiat and/or Cryptocurrency held in your Account or Crypto Wallet via the Platform are transferred out of the Platform. Any charges/liabilities owed to BTC.com.au will be payable immediately.

Account suspension or termination

61.
We may suspend or terminate your Account or your access to the Platform at any time without notice if we reasonably believe that:

a. you have used or are using the Platform in such a manner that violates any part of these Terms, our Privacy Policy and/or our internal policies and procedures, including those relevant to anti-money laundering and counter-terrorism financing laws

b. you have used or are using the Platform to conduct or engage in illegal activities

c. you have performed a fraudulent action when using the Platform, including but not limited to using someone else’s personal or sensitive information for KYC purposes, using a bank account that does not belong to you, making a fraudulent payment or failing to make a payment

d. your use of the Platform is subject to a pending investigation, either by us or by relevant law enforcement

e. we are instructed by law enforcement or regulatory bodies to cease the provision of the Platform to you.

62.
Suspension or termination of your Account does not affect the payment of fees or other amounts you owe to BTC.com.au. In the event that your Account is suspended, we will immediately cancel all open Instructions with your Account and bar the placing of further Instructions until resolution or Account cancellation.

NEWSLETTER

63.
You may subscribe to our newsletter (Newsletter) to keep up to date with Cryptocurrency news and BTC.com.au offerings. The information provided in our Newsletter is not financial product advice and should not be regarded as such. Some of the information published will be our opinion, and other information may be news from other third parties. Although we intend to provide accurate and timely information and will not publish any information that we know to be incorrect or misleading, content may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. We do not guarantee information from third parties is accurate, and you should verify all information before relying on it. All decisions based on information contained in the newsletter or on the Platform are your sole responsibility and we shall have no liability for such decisions.
64.
Information provided is for your information only and is not intended to influence decisions made by you in any way. You should always consider your financial and personal circumstances before making a decision.

THIRD PARTIES

65.
You acknowledge and agree that we may use third parties to provide the Services and that we are in no way liable for any failure of such third party.
66.
Links to third-party materials (including without limitation websites) may be provided as a convenience but that material is not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Platform. We provide these links for your information only, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

RISKS INVOLVED WITH THE SERVICES

Volatility : You acknowledge and agree that Cryptocurrency is not recognised legal tender in Australia and most other countries, and that digital currency is not regulated by any central institution and may be subject to extreme price volatility.
Protocols : The operation of the underlying protocols which govern the operation of Cryptocurrency (Underlying Protocols) are open source and may be used, copied, modified or distributed by third parties, and we are not responsible for and cannot guarantee the operation or functionality of the Underlying Protocols.
Counterparty : When you purchase Cryptocurrency, you only hold either the beneficial interest or a contractual interest in that amount of Cryptocurrency. BTC.com.au, or a third party, will hold and secure the Cryptocurrency. If BTC.com.au, or the third party becomes insolvent, or is subject to hacking or some other cyber security event, your Cryptocurrency may be jeopardised and you may incur partial or total loss of your Cryptocurrency.
Insolvency : You do not maintain a legal interest in the Cryptocurrency, and we do not hold Fiat currency in a trust account. BTC.com.au’s ability to meet its contractual obligations in these Terms (on time or at all) may be impacted by any losses or delays sustained in connection with its holding or use of Cryptocurrency that it legally or beneficially holds, amongst other factors. This may result in losses or delays to you. In the worst case, a total loss of Cryptocurrency allocated to your Account may occur. If BTC.com.au becomes insolvent, you will be an unsecured creditor in relation to your Fiat and Cryptocurrency held with us.
Tax : Buying and selling Cryptocurrencies for profit raises complex taxation issues. You are responsible for any tax liability arising from your holding of Cryptocurrencies, or any Instruction, and will indemnify BTC.com.au if we are required to pay tax on your behalf in respect of your Account or any Cryptocurrency that you hold or have held, purchased or sold via the Platform.

USER ACKNOWLEDGEMENTS

67.
You acknowledge that:

a. Cryptocurrency is not offered to you under an Australian Financial Services Licence, and we do not provide any financial product advice

b. You will use the Platform only for yourself as Account owner, and not on behalf of any third party and accept full responsibility for the use of your Account

c. You are liable for any and all Instructions and transactions entered from your Account, whether or not they are authorised by you, and we may act on any such Instructions which are entered from your Account, including identifiers, permissions, passwords, and security codes associated with your Account

d. You should carefully consider your personal circumstances and the level of financial risk you are comfortable with before buying and selling Cryptocurrency

e. You will control your trading activity, including trading strategy and decisions

f. When you buy Cryptocurrency through BTC.com.au, you will not hold the legal title to the Cryptocurrency and therefore your rights to the Cryptocurrency are restricted

g.The details we give to you for the purposes of transferring funds to your account, while unique to each account, do not represent a bank account being opened in your name, nor controllable by you. We do not issue BSBs, and we do not provide banking services

h.You have had the opportunity to obtain independent legal, financial and taxation advice about the risks associated with buying Cryptocurrency.

LIABILITY

Indemnification

68.
You agree to indemnify us, our affiliates and service providers, and each of our or their respective officers, directors, agents, employees and representatives, in respect of any costs (including legal fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and/or our enforcement of these Terms against you, or your violation of any law, rule or regulation, or the rights of any third party.

Limitations of Liability

69.
You agree that we will only be liable to you for loss or damage that is reasonably foreseeable and caused directly by our breach of these Terms or other legal wrong, and that any liability (however arising) we may have to you is limited in accordance with this clause.

Liability cap

70.
Except as otherwise provided for in these Terms, the liability of BTC.com.au, our affiliates or service providers, and any of our or their respective officers, directors, agents, employees or representatives, is limited to the amount of the transaction(s) in dispute.

Limitation of loss

71.
In addition to the other limitations of liability in these Terms, in no event will we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with these Terms or otherwise:

a. any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and/or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same

b. any loss of use of hardware, software or data and/or any corruption of data, including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data, any error or delay in the transmission of such data, and/or any interruption in any such data

c. any loss or damage whatsoever which does not stem directly from our breach of these Terms

d. any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Terms (whether or not you are able to prove such loss or damage).

Non-excludable liability

72.
The limitation of liability in these Terms is subject to any obligations that we have under applicable law and regulation which by law we cannot exclude, including our obligation to exercise reasonable care and skill in our provision of the Services.

No warranties or representations

73.
The Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law. We do not make any representations or warranties that access to the Platform, any of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. We make no representations about the accuracy or completeness of historical Cryptocurrency price data available on the Platform.

Safety and Security of Your Computer and Devices

74.
We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You acknowledge that you should always log into your Account through the Platform to review any transaction if you are uncertain about the authenticity of any communication or notice.

No Liability for unforeseeable circumstances

75.
We are not liable for any breach of these Terms where the breach is due to a force majeure, including any abnormal and unforeseeable or regulatory circumstances beyond our control, or where the breach is due to legal requirements.

CUSTOMER FEEDBACK, QUERIES, COMPLAINTS AND DISPUTE RESOLUTION

Contact BTC.com.au

76.
If you have any feedback, questions, or complaints, contact us via our Website at https://btc.com.au/contact or write to us at support@btc.com.au. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Account, and the transaction on which you have feedback, questions, or complaints.

Complaints

77.
In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via our Website at https://btc.com.au/contact. We will consider your complaint based on the information you have provided. Within 15 business days of our receipt of your complaint, we will address all points raised in your complaint by sending you an e-mail (Resolution Notice) in which we will:

a. offer to resolve your complaint in the way your requested

b. make a determination rejecting your complaint and set out the reasons for the rejection, or

c. offer to resolve your complaint with an alternative solution.

78.
In exceptional circumstances, if we are unable to respond to your complaint within 15 business days for reasons beyond our control, we will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which we will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint.

Offers

79.
Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.

VARIATION

80.
We may vary these Terms by providing 10 days advance notice at any time. You will be taken to have accepted any changes to the Terms by continuing to use the Platform and Services 10 days after that notice is provided. You acknowledge that we may vary these Terms immediately without advance notice, in order to protect the security or integrity of the Platform, the Services or any Account or Instruction or to comply with law or regulation or to manage a technical or system fault or error.

GENERAL

Severability : If any provision of these Terms is deemed to be unlawful, invalid or unenforceable for any reason, such provision will be deemed to be severed and will not affect the legal effect of any other provision.
Change in Control : In the event that we are acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Entire agreement : These Terms, together with the Privacy Policy, comprise the entire Terms between you and us in relation to your use of the Platform and the Services, and supersede any prior Terms between you and us. We may assign all or part of this Agreement without notice to you. We are then released from all liability.
Jurisdiction : These Terms are governed by the laws of New South Wales, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria for resolution of disputes arising in relation to these Terms. If any provision of these website terms becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the remainder of these terms will not be affected. We reserve any rights not expressly granted in these Terms.
No advice : You agree and understand that we do not provide legal, tax, or investment advice, that your use of the Service is self-directed, and that it is your responsibility to consult with qualified professionals in your own jurisdiction prior to using the Service(s) or implementing any financial plan.
Unclaimed Fiat or Cryptocurrency : If there are still funds (either Fiat or Cryptocurrency) in your Account but you have not responded to our reasonable attempts to contact you for the applicable period of time (as defined under the unclaimed property or similar laws of the relevant jurisdiction), we may have an obligation to report such funds to the applicable governmental entity as unclaimed property. If this occurs, we will reasonably attempt to locate you at the last updated address shown in our records, but if we are unable to locate you, we may be required to deliver any such funds to the applicable jurisdiction’s designated custodian as unclaimed property.

DEFINED TERMS

Account : means your account maintained by BTC.com.au, which (among other things) facilitates certain Fiat transactions and allows you to Trade Cryptocurrency on the Platform.
AUD : means Australian Dollars.
Authorised Payment Methods : means methods we advise from time to time, as displayed on the Platform from time to time.
Business Day : means any day other than a Saturday, Sunday or another day that is recognised as a public holiday under the laws of Australia.
Cryptocurrency : means a blockchain-based asset or right, or other similar digital representation of values, rights or assets, which are made available on our Platform.
Crypto Wallet : means the hosted wallet service provided by BTC.com.au or, as applicable, through a third-party service provider engaged by BTC.com.au, which allows you to store certain Cryptocurrency and to track, transfer and manage Cryptocurrency contained in such hosted wallet.
Fee Schedule : means the page on our website which sets out the various fees payable, which is available at https://btc.com.au/fees.
Fiat : means Australian dollars, or other government issued currency that we support on our Platform.
Instruction : means any instruction given by you to BTC.com.au via the Platform, including to deposit or transfer Fiat and to Trade.
Platform : means the software system for trading Cryptocurrency and related services, which is available through the Website and app.
Privacy Policy : means BTC.com.au’s Privacy Policy.
Referral Commission : means 30 per cent of all of the Fees paid by the New Customer to BTC.com.au, excluding any fees paid by the New Customer to any third party when they use the Services.
Referral Dashboard : means the webpage showing the Referral Commission owing to you at a particular point in time, which can be accessed by signing into your Account.
Referral Link : means a unique hyperlink that is generated by you via the Platform by following the prompts, which will link new customers to the sign-up page on the Website.
Referral Program : means the Referral program offered by BTC.com.au where BTC.com.au pays a commission to existing customers for introducing new customers, in order to encourage customers to share the Platform with others and grow the BTC.com.au community.
Services : means the services provided by BTC.com.au via the Platform from time to time, including those set out in clause 1 of these Terms.
Trade : means an exchange of fiat currency for Cryptocurrency, an exchange of Cryptocurrency for fiat currency or an exchange of one Cryptocurrency for another Cryptocurrency, in each case between you and us, or between you and another customer of the Services (or, if applicable, between you and a user of a third-party exchange or service that is accessed as part of the Services with BTC.com.au acting as your agent), which exchange in each case is supported by the Services.
Website : means https://btc.com.au/.

Join the digital revolution

Start buying and selling within minutes

Simple.

Secure.

Trusted.